San Francisco County Municipal Code Ch. 39 [right to Return to Revitalized Public Housing]

Sec. 39.1. Application. Sec. 39.2. Intent and Purpose. Sec. 39.3. Definitions. Sec. 39.4. Requirements for Agreements for Financial Assistance; Right to Return to a Revitalized Housing Development. Sec. 39.5. Appeals. Sec. 39.6. Application of Other Laws. Sec. 39.7. Enforceability. Sec. 39.8. City Undertaking Limited to Promotion of General Welfare. Sec. 39.9. No Conflict with State or Federal Law; Severability.

Editor's Note:

The bracketed title of this Chapter was provided by the editor as a convenience for the user and is not an official part of this Code.

This Chapter shall apply as a condition of receipt of any Financial Assistance to be provided by the City to a Public Housing Development Project located within the City. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012) (Former Sec. 39.1 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

(a) It is the intent and purpose of the City to expressly give public housing households a right to revitalized housing after temporary relocation or displacement as a result of a Public Housing Development Project so long as the household is not in eviction processes, having been duly and properly served with a summons and complaint by the SFHA or its agents, or has not been evicted from a unit that is managed by the SFHA or its agents. To further such purpose, it is the intent of the City that, upon notification of eligibility for a revitalized housing unit, the household shall not be subject to any additional screening by the landlord or someone acting under the landlord’s authority. (b) Additionally, it is the intent and purpose of the City to protect the relocation rights of such households. To further such purpose, it is the intent of the City to require that any relocation plans produced by the project sponsor of a Public Housing Development Project must be reviewed by the City department providing the Financial Assistance, as well as to establish the San Francisco Residential Rent Stabilization and Arbitration Board as an independent third party to review relocation claims and make advisory recommendations thereon to the SFHA for its final determination. This Chapter 39 shall be construed consistent with the intent and purpose as stated in this Section 39.2, and in accordance with applicable state and federal law. (c) HOPE SF, the City’s signature anti-poverty and equity initiative, is committed to breaking intergenerational patterns related to the insidious impacts of trauma and poverty, and to creating economic and social opportunities for current and former public housing residents through deep investments in education, economic mobility, health, and safety. The HOPE SF master plans consist of a mixed- use, mixed-income development with several different components: (1) construction of public infrastructure; (2) demolition and one-for- one replacement of all public housing units; (3) development of new private affordable housing on affordable parcels; (4) development of private residential projects on market rate parcels; and (5) development of community improvements (e.g., open space areas, community facilities). In addition to protecting the relocation rights of current HOPE SF residents, it is critical to minimize permanent displacement of former HOPE SF residents and provide an opportunity for both current and former HOPE SF residents to live in and benefit from their revitalized community. Therefore, it is a necessary and important public purpose for the City to provide current and former HOPE SF residents of a Former Public Housing Development a right to, and the highest priority for, an affordable housing unit or other financially subsidized unit in a revitalized housing development under HOPE SF. (Added by Ord. 227-12 , File No. 120812, App. 11/7/2012, Eff. 12/7/2012; amended by Ord. 287-19, File No. 191000, App. 12/20/2019, Eff. 1/20/2020) (Former Sec. 39.2 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; Ord. 361-98, App. 12/11/98; Ord. 2-00, File No. 992000, App. 1/13/2000; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

As used in this Chapter 39, the following terms shall have the following meanings: “Agreement” means any contract with the City for the provision of Financial Assistance for a Public Housing Development Project. “City” means the City and County of San Francisco. “Community Redevelopment Law or CRL” means Cal. Health & Safety Code § 33000 et seq. “Current Household(s)” means a lawful household, including each member of the household, that occupies a Public Housing Unit in an Existing Public Housing Development on the Initiation Date or a Temporary Relocation Unit. For purposes of this Chapter 39, each lawful tenant within a household of a Public Housing Unit or Temporary Relocation Unit shall be treated as a single household and shall not have rights to separate Replacement Units. Current Households do not include any Former HOPE SF Households. “Existing Public Housing Development” means an existing development of Public Housing Units that will be demolished, disposed of, removed, and/or converted, in whole or in part, in connection with a Public Housing Development Project.

“Financial Assistance” means the provision of any federal, state, or local public funds that are administered, allocated, or committed by the City to SFHA, another public entity, private developer, and/or any agents, managers or partners of such entities in connection with a Public Housing Development Project. “Former HOPE SF Household” means any household of a Former Public Housing Development that has permanently moved off-site from such Former Public Housing Development and is qualified by MOHCD under the eligibility requirements set forth in Section 39.4(b)(2). Former HOPE SF Households do not include any Current Household. “Former Public Housing Development” means Public Housing Units that have been demolished, disposed of, removed, and/or converted, in whole or in part, in connection with a Revitalized Housing Development. “Initiation Date” is the date of the first notice of eligibility for relocation benefits in connection with a Public Housing Development Project. “Member of a Current Household” means any member or former member of a Current Household who is not the head of the household or individually entitled to a Replacement Unit as of the Initiation Date. “MOHCD” means the Mayor’s Office of Housing and Community Development. “New Development” means a residential and/or mixed use development that is developed under federal regulations to replace an Existing Public Housing Development in connection with a Public Housing Development Project or Revitalized Housing Development. “Off-Site Replacement Unit” means a Replacement Unit subject to a housing assistance payment contract with SFHA and constructed off-site from a Revitalized Housing Development. “Public Housing Development Project” means a development or redevelopment project that: (1) involves the demolition, disposition, removal, revitalization, rehabilitation, and/or conversion, in whole or in part, of an Existing Public Housing Development; (2) involves the relocation of Current Household(s) in connection therewith; and (3) as a result of such activities, is required to comply with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act, 42 U.S.C. § 4601 et seq. and the implementing regulations issued by the Department of Transportation at 49 CFR part 24. “Public Housing Unit” means a public housing dwelling unit as defined in the United States Housing Act of 1937, as amended (42 U.S.C. § 1437) and any regulations adopted in connection therewith, and that is owned and operated by SFHA in the City. “Relocation Assistance Laws” means any and all federal, state, and local relocation assistance laws that may be applicable to a Public Housing Development Project, including but not limited to, the California Relocation Assistance Law, Cal. Govt. Code § 7260 et seq.; Uniform Relocation Assistance and Real Property Acquisitions Policies Act, 42 U.S.C. § 4601 et seq.; the Housing and Community Development Act, 42 U.S.C. § 5301 et seq.; the United States Housing Act, 42 U.S.C. § 1437 and all regulations, guidelines, and/or HUD Handbooks adopted in connection with each; and this Chapter 39. “Rent Board” means the San Francisco Residential Rent Stabilization and Arbitration Board. “Replacement Housing Laws” means any and all federal, state, and local replacement housing laws that may be applicable to a Public Housing Development Project, including but not limited to, the Community Redevelopment Law, Cal. Health & Safety Code § 33000 et seq.; the Housing and Community Development Act, 42 U.S.C. § 5301 et seq.; and all regulations, guidelines, and/or HUD Handbooks or Notices adopted in connection with each; and this Chapter. “Replacement Unit(s)” means a comparable Public Housing Unit or other comparable residential unit that is developed under federal regulations stated in 24 CFR Part 941, 24 CFR 970, or 24 CFR 972 to replace a Public Housing Unit that is demolished, disposed of, removed, revitalized, rehabilitated, or converted as a result of a Public Housing Development Project. “Revitalized Housing Development” means a development that transforms the site of an Existing Public Housing Development Project within the Hunters View, Alice Griffith, Sunnydale, or Potrero HOPE SF communities into a new mixed-income community which at completion includes replacement of units at such Existing Public Housing Development Project, additional Tax Credit Units, and, where applicable, market-rate units. “SFHA” means the San Francisco Housing Authority, a public body, corporate and politic, organized and existing under the California Housing Authorities Law (Cal. Health & Saf. Code § 34200 et seq.). “Tax Credit Unit” means an affordable rental housing unit financed with federal low income housing tax credits, in whole or in part, as part of a Revitalized Housing Development. “Temporary Relocation Unit” means a rental unit for the purpose of temporarily housing a Current Household as necessary during any phase of a Revitalized Housing Development, including, but not limited to, (1) a Public Housing Unit in like new condition that is less than five years old, (2) a Public Housing Unit refurbished to like new condition, or (3) other rental unit under a housing assistance payment contract with SFHA authorized under Section 8 of the United States Housing Act of 1937, as amended. (Added by Ord. 227-12 , File No. 120812, App. 11/7/2012, Eff. 12/7/2012; amended by Ord. 287-19, File No. 191000, App. 12/20/2019, Eff. 1/20/2020) (Former Sec. 39.3 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

TO A REVITALIZED HOUSING DEVELOPMENT. Every officer and employee of the City shall include in any Agreement a provision requiring the recipient of the Financial Assistance, as a condition of receiving the Financial Assistance, to provide (i) Current Households with a Replacement Unit as provided in subsection (a)(1) and a review of relocation plans as provided in subsection (a)(2), (ii) Former HOPE SF Households with a priority to apply for and occupy a Replacement Unit at a Revitalized Housing Development as provided in subsection (b), or (iii) Current Households, Member of a Current Household, or Former HOPE SF Households with a priority to apply for and occupy a Tax Credit Unit at a Revitalized Housing Development as provided in subsection (c). In addition, the recipient of the Financial Assistance shall be required as a condition of receiving the Financial Assistance, to include these requirements in any contract with SFHA regarding the Public Housing Development Project. Every officer and employee of the City who enters into such Agreement shall confer with the City Attorney’s Office in drafting and negotiating the provisions thereof in order to implement these requirements, including the provision of appropriate remedies for violation of the Agreement. (a) Right to Replacement Unit. Subject to Section 39.4(a)(1), all Current Households whose tenancy at the Existing Public Housing Development Project was not lawfully terminated prior to or after the Initiation Date, unless such lawful termination was done pursuant to the relocation plan in connection with the Public Housing Development Project, shall have a right to, and the highest priority for, a Replacement Unit at the New Development or, if applicable, for an Offff-Siteite1 Replacement Unit. As part of a Revitalized Housing Development, any Current Household that moves to a Temporary Relocation Unit shall retain the right to an on-site Replacement Unit at such Revitalized Housing Development as a Current Household and is not considered a Former HOPE SF Household under Section 39.4(b). (1) Eligibility and Screening Criteria. Current Households shall be deemed eligible for a Replacement Unit, and shall not be subjected to any eligibility or screening criteria for a Replacement Unit other than income eligibility restrictions that may apply to a suitable Replacement Unit due to a subsidy affecting the unit. (2) Review of Relocation Plan. The recipient of Financial Assistance shall obtain a review by the City department providing the Financial Assistance of any relocation plan drafted for a Public Housing Development Project. The recipient of Financial Assistance shall present the proposed relocation plan to the applicable City department at least 30 days prior to adoption and request that the City department submit comments regarding the plan or policy in the form of a memorandum to the entity responsible for adopting the final plan. If the City department decides not to take a position or does not seek to provide comment, it shall issue a memorandum to the appropriate entity stating as such. (b) Former HOPE SF Household Right to Return to a Replacement Unit. (1) Priority for Replacement Units. After all Current Households have had the opportunity to occupy available Replacement Units completed during any phase of a Revitalized Housing Development, eligible Former HOPE SF Households shall have the right to return to a Revitalized Housing Development from where they moved from and priority for occupancy of an available Replacement Unit located at such Revitalized Housing Development over any and all lists maintained by MOHCD, SFHA, or any other public agency. A Former HOPE SF Household may exercise its right to return to the Revitalized Housing Development where it moved from by submitting an application to rent any available Replacement Unit that is not needed to permanently house a Current Household. (2) Eligibility. MOHCD shall establish and administer a process for a household to verify the household’s status as a “Former HOPE SF Household” that, at a minimum, shall require a household to provide written, verifiable documentation of the following: (A) each Former HOPE SF Household shall satisfy the affordable housing and/or financial requirements applicable to the Replacement Unit, as approved by MOHCD and/or SFHA, as applicable; and (B) proof of residency at a Former Public Housing Development, in MOHCD’s reasonable discretion, including, without limitation, at least one of the following: (i) landline phone bills, (ii) cable or internet bills, (iii) paystubs, (iv) benefits records, including health insurance, (v) school records, (vi) letter from SFHA verifying residency, (vii) lease with the household as tenant, (viii) City identification card; or (ix) other evidence sufficient to establish, in MOHCD’s reasonable discretion, that the household resided at a Former Public Housing Development. Upon accepting and occupying a Replacement Unit using the priority under this Section 39.4(b), a Former HOPE SF Household shall no longer be eligible for a priority under this Section 39.4(b). (c) Priority for Tax Credit Units. (1) Tax Credit Units. Any Current Household, Member of a Current Household, or Former HOPE SF Household shall have priority to remain in or return to, as applicable, a Revitalized Housing Development and the highest priority for occupancy of any available Tax Credit Unit over any priorities related to Tax Credit Units, all affordable housing preferences under Administrative Code Chapter 47, and/or all lists maintained by MOHCD, SFHA, or any other public agency. (2) Eligibility. MOHCD shall establish and administer a process for a household to verify the household’s status as a resident of a Former Public Housing Development as a Current Household, Member of a Current Household, or a Former HOPE SF Household that, at a minimum, shall require a household t

tive Code Chapter 47, and/or all lists maintained by MOHCD, SFHA, or any other public agency. (2) Eligibility. MOHCD shall establish and administer a process for a household to verify the household’s status as a resident of a Former Public Housing Development as a Current Household, Member of a Current Household, or a Former HOPE SF Household that, at a minimum, shall require a household to provide written, verifiable documentation of the following: (A) Each household shall satisfy the affordable housing and/or financial requirements applicable to a Tax Credit Unit, as approved by MOHCD; and (B) each household shall provide sufficient evidence of residency, in MOHCD’s reasonable discretion, at a Former Public Housing Development, including, without limitation, at least one of the following: (i) landline phone bills, (ii) cable or internet bills, (iii) pay stubs, (iv) benefits records, including health insurance, (v) school records, (vi) letter from SFHA verifying residency, (vii) Member of a Current Household listed under a lease with SFHA, (viii) City identification card; or (ix) other evidence sufficient to establish, in MOHCD’s reasonable discretion, that the household resided at a Former Public Housing Development. Upon a household accepting and occupying a Tax Credit Unit using the priority under this Section 39.4(c), such household shall no longer be eligible for a priority under this Section 39.4(c).

(d) Implementation. MOHCD shall implement the priorities of this Section 39.4 by developing procedures and amending its applicable regulations or policies. The requirements of this subsection (d) are directory rather than mandatory. For purposes of this Chapter 39, a household has the burden of proof to demonstrate that it is eligible as a Former HOPE SF Household or Member of a Current Household. If a household disputes MOHCD’s determination that it does not qualify as a Former HOPE Household or Member of a Current Household, such household shall have the right to a hearing conducted by a Rent Board Administrative Law Judge (as defined in Administrative Code Section 37.2(f)), with MOHCD as the responding party. (Added by Ord. 227-12 , File No. 120812, App. 11/7/2012, Eff. 12/7/2012; amended by Ord. 287-19, File No. 191000, App. 12/20/2019, Eff. 1/20/2020) (Former Sec. 39.4 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003) CODIFICATION NOTE

1. So in Ord. 287-19.

(a) For all Public Housing Development Projects, the Rent Board shall be the independent third party to review relocation claims and make advisory recommendations thereon to the SFHA for its final determination. In reviewing the claim and making recommendations to the SFHA, the Rent Board shall be guided by the provisions of the Appeals/Grievance Procedure established as part of the adopted relocation plan for the Public Housing Development Project. The review and advisory recommendation process for all claims submitted under this Section 39.5 shall consist of a hearing conducted by a Rent Board Administrative Law Judge (as defined in Administrative Code Section 37.2(f)) and a written advisory recommendation from the Administrative Law Judge to the SFHA. (b) The project sponsor for a Public Housing Development Project will be billed time and materials for any administrative costs that the Rent Board or any other City entity incurs in reviewing relocation claims under this Chapter. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012) (Former Sec. 39.5 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; Ord. 231-99, File No. 991246, App. 8/20/99; Ord. 2-00, File No. 992000, App. 1/13/2000; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

Nothing in this Chapter is intended to limit the rights of Public Housing households that may exist pursuant to other state, federal, or local laws. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012) (Former Sec. 39.6 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; Ord. 231-99, File No. 991246, App. 8/20/99; Ord. 2-00, File No. 992000, App. 1/13/2000; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

This Chapter shall be enforceable by the City and any beneficially interested person. Any enforcement action shall be limited to injunctive relief, including specific performance. As set forth in Section 39.8, there shall be no monetary damages for any violation of this Chapter. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012) (Former Sec. 39.7 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; Ord. 2-00, File No. 992000, App. 1/13/2000; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)

In undertaking the adoption and enforcement of this Chapter, this City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees or on any other person or entity, including but not limited to the SFHA, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012)

(Former Sec. 39.8 added by Ord. 401-96, App. 10/21/96; amended by Ord. 274-97, App. 7/3/97; Ord. 361-98, App. 12/11/98; Ord. 2-00, File No. 992000, App. 1/13/2000; repealed by Ord. 171-03. File No, 030422, App. 7/3/2003)

(a) This Chapter shall be construed so as not to conflict with applicable federal or State laws, rules or regulations, including but not limited to the Relocation Assistance Laws and Replacement Housing Laws. Nothing in this Chapter shall authorize any City agency to impose any duties or obligations in conflict with limitations on municipal authority established by federal law at the time such agency action is taken. (b) If any section, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter. The Board of Supervisors declares that it would have passed each section, paragraph, sentence, clause or phrase of this Chapter irrespective of the fact that any portion of this Chapter could be declared unconstitutional. invalid or ineffective. (Added by Ord. 227-12, File No. 120812, App. 11/7/2012, Eff. 12/7/2012) (Former Sec. 39.9 added by Ord. 274-97, App. 7/3/97; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)